Prostate cancer decisions — 2015

The Board found that the Veteran's prostate cancer residuals warranted a 10% rating effective December 1, 2012. The reduction from 100% to 10% was proper as his condition had improved.

The Veteran's claim to reopen his service connection for prostate cancer was granted. However, the residuals of prostate cancer were not found to be related to active service and thus denied.

The Veteran's claim for prostate cancer was reopened and granted due to in-service herbicide exposure. Claims for skin condition, kidney condition, neuropathy of bilateral lower extremities, and heart condition are pending.

The Veteran's death was not caused by or a result of his service-connected prostate cancer. The Board found that the cause of death, acute renal failure and congestive heart failure, were not related to his active service.

The Veteran's prostate cancer was not caused or aggravated by service, and therefore, he is denied service connection.

The Veteran has been granted service connection for prostate cancer and Parkinson's disease based on exposure to herbicides during his service in the Republic of Vietnam.

The Veteran's service connection claim for prostate cancer is granted as it is presumed to be due to herbicide exposure during his service in Thailand.

The Board determined that the reduction of the evaluation for the Veteran's prostate cancer from 100 to 20 percent effective as of June 1, 2009, was improper.

The Board has remanded the claim to consider an extraschedular rating for the service-connected residuals of prostate cancer, and the Veteran's representative is provided with a supplemental statement of the case (SSOC).

The Veteran does not have prostate cancer that is attributable to his active military service. The Board finds no evidence of herbicide exposure in Vietnam and thus cannot grant service connection based on presumed exposure.

The Board found that the reduction in the evaluation of service-connected residuals of prostate cancer from 100 percent to 20 percent was proper and upheld the decision.

The Veteran's combined schedular evaluation of all service-connected disabilities has been 70 percent or more throughout the appeal period, and it is reasonably shown that by virtue of his service-connected disabilities, he is precluded from participating in any substantially gainful employment consistent with his education/training and experience.

The Veteran's diabetes mellitus, type II, prostate cancer, renal cancer, bladder cancer, and multiple myeloma are all found to be due to herbicide exposure during service.,With resolution of all reasonable doubt in his favor, the Veteran's diagnoses are considered to be related to his service-connected conditions.

The Veteran is entitled to a compensable evaluation for residuals of prostate cancer prior to September 28, 2011 and an evaluation in excess of 20 percent from September 28, 2011 to February 6, 2012.

The Veteran's appeal for service connection for prostate cancer is dismissed. The Board also finds that the Veteran does not have a valid claim for service connection for chronic obstructive pulmonary disease.

The Veteran's prostate cancer is in remission and has not required any treatment since March 2012. There are no residuals or complications due to the prostate cancer, thus warranting a noncompensable disability rating.

The Board has determined that the reduction in disability rating from 100% to 40% for prostate cancer was proper, and the Veteran's residuals of prostate cancer are rated at 40%. The appeal is granted.

The Board has determined that the Veteran's prostate cancer and squamous cell carcinoma of the right vocal cord are not related to his service, including exposure to ionizing radiation. The claims have been denied.

The Board has determined that the Veteran's asbestosis is related to his in-service exposure to asbestos, and thus service connection for asbestosis is granted. The issue of prostate cancer will be remanded due to lack of evidence regarding herbicide exposure.

The Veteran's other specified trauma and stressor related disorder (previously diagnosed as PTSD) is productive of occupational and social impairment with deficiencies in most areas, including work, family relations, judgment, thinking and mood. The Board finds that the criteria for a schedular rating in excess of 70 percent have not been met. However, the Veteran's service-connected disabilities, including other specified trauma and stressor related disorder (previously diagnosed as PTSD), diabetes mellitus type 2 and prostate cancer preclude him from obtaining and maintaining employment that could be considered substantially gainful versus just marginal by comparison, when also considering his level of education, prior work experience and training. Therefore, the Veteran is granted a TDIU.